Fillable Power Of Attorney Registration Form (Office of the Public Guardian)

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Power Of Attorney Registration Form (Office of the Public Guardian)

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The Power Of Attorney Registration Form (Office of the Public Guardian) form is 18 pages long and contains:

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  • 22 check-boxes
  • 180 other fields

Country of origin: UK
File type: PDF

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Power of Attorney Registration Form & Guidance Note
• Make sure your power of attorney (PoA) has been drafted before completing the
registration form
• Only use this form when sending your PoA documentation by post
• You only need to send us the pages of the form that you have completed
• Please don't use staples/paperclips
Section 1 -
Granter
Tell us about the person granting/making the PoA. Please also provide their date of birth.
We will send a copy of the registered PoA to the granter for their records either by post or
e-mail. The granter's email address or an email address they have given permission to
use must be provided if their copy is to be e-mailed to them.
The law says that someone who is currently declared as bankrupt cannot make a PoA to
deal with their property or financial affairs. For the purposes of the Adults with Incapacity
(Scotland) 2000 Act, a person is bankrupt if their estate has been sequestrated for
insolvency or a protected trust deed has been granted.
Section 2 -
Attorneys
Use this section to tell us about a sole or any joint attorneys appointed and named in the
PoA. These attorneys need to sign the form to confirm they are:
• freely willing to accept the appointment,
• willing to act on behalf of the granter, and under no pressure to do so; and
• over the age of 16
• not currently declared bankrupt*
If more than 2 attorneys are appointed, you can make further copies of section 2.
*Attorneys who have been granted continuing powers, i.e. powers to deal with financial
and or property matters cannot take on the role or act if they are declared as bankrupt or a
protected trust deed has been granted. Being appointed as attorney is a position of trust
and you must not take advantage of that position. For more information about the duties
and responsibilities as attorney, please refer to the website and to our attorney factsheet
Section 3 -
Sender
When the PoA is registered, the certificate of registration will be issued to the sender. This
is the person who is sending the documentation to us.
Section 4 -
Substitutes
Tell us about any substitute attorneys that are appointed. If more than 2 are appointed,
you can make further copies of section 4. Substitutes do not need to sign at this stage but
they do need to tell us when they are taking up the appointment.
Section 5 -
Specified
persons
The legislation allows for up to 2 specific people to receive a copy of the registered PoA.
If it's the granter's wish that copies of the PoA are to be sent, then this must be stated in
the PoA along with the names and addresses of the specified persons. This copy is for
information purposes/record keeping only.
If the copy is to be sent by e-mail please provide an e-mail address which the specified
person has given permission to use.
Checklist: have you got everything in order?
Failure to submit valid documentation will lead to rejection
Power of Attorney document, check that it ...
• is signed and dated by the granter
• includes a clear statement confirming that the powers are continuing and/or
welfare
• has a statement confirming the granter has considered how their incapacity is to
be determined if welfare powers are granted
• has a statement confirming the granter has considered how their incapacity will
be determined if continuing powers are to start on the granter's incapacity
• states names and addresses of up to 2 specified persons, where relevant
• has a revocation certificate enclosed if the PoA document revokes a PoA that
was previously made
Certificate of capacity (Schedule 1), check ...
• section 1 - the granter's name exactly matches the name stated in the PoA
• section 2 - the date matches the date the granter signed the PoA
• section 3 - the correct box is ticked and matches the powers granted in the PoA
• section 4 - the names of the sole/joint attorneys exactly match the names in the
PoA
• section 5 - at least 1 box is ticked at section 5(2). If 5(2)(b) is ticked tell us who
was consulted (it's best practice that this isn't the attorney/substitute attorney)
• the certificate is signed and dated either by a practising Scottish solicitor or a
licensed medical doctor or practising legal advocate
• the person signing the certificate has stated their profession and business
address
• the person signing the certificate is not the attorney/substitute attorney
Registration form, make sure ...
• is fully completed, the guidance notes will help you
• all sole/joint attorneys have signed to confirm they are freely willing to act
Registration fee, check ...
• your cheque is made out to 'The Scottish Courts and Tribunals Service'
• the current registration fee can be found on our website or by contacting us
Send the PoA document, certificate of capacity, registration form and fee
to: The Office of the Public Guardian (Scotland), Hadrian House, Callendar
Business Park, Callendar Road, Falkirk, FK1 1XR
• Tel: 01324 678300
• E-Mail: opg@scotcourts.gov.uk
• Website: www.publicguardian-scotland.gov.uk
• Twitter: PublicGuardian@OPGScotland
This form should be used when using the postal registration system
Official PoA Registration Form
Section 1
–
Granter’s details
Title
Surname
Forename
Middle name
Date of birth
House name
House number
Street
Locality
City
County
Country
Post code - required
for UK addresses
Phone number
E-mail address –
please provide if
the registered copy
is to be e-mailed
to the
g
ranter
Please tick the statement that applies:
1. the granter lives in Scotland
2. the granter has property in Scotland (e.g. an asset such as a house, flat, bank accou
nt etc.)
3. the granter does not normally live in Scotland and there is a ma
tter of urgency to submit the
PoA for registration in Scotland
4. the granter is present in Scotland and the PoA is n
eeded on a temporary basis to make
decisions limited to and within Scotland
Granter's ethnic origin - this information is for monitoring purposes only
White Irish
Pakistani
Chinese
Black Scottish and Other Black
White Scottish
Other White
Bangladeshi
Caribbean
Mixed
Other White British
Indian
Other (South Asian)
African
Other
Section 2.1 - Attorney's details
Title
Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address
Please tick the boxes that apply:
✔ Ty
pe of powers: Continuing Welfare Both
✔
Relationship to granter: Spouse Partner Civil Partner Other
Relative Friend Professional
Your Duties and Responsibilities as Attorney
Please ensure you have read and understood the points that follow. If you are unsure whether you
are, or are not, able to comply with any of the requirements below, report this to the person who has
sent you this form.
• You must respect the general principles of the Adults with Incapacity (Scotland) Act 2000
found in
section 1.
• You should consult and respect the Code of Practice for Continuing and Welfare Attorneys
• If called upon to act, you must ensure that every measure is taken to support the granter of this
power of attorney to make their own decision on any matter, or otherwise to allow them to exercise
their legal capacity.
• You must ensure that any decision made on behalf of the granter respects their rights, will and
preferences and takes account of any known wishes and feelings, past or present.
• You must communicate with relevant parties and take account of their views.
• You must act within the scope of the powers granted to you.
• You must keep appropriate records.
• You are in a position of trust and must not take advantage of that position.
A factsheet
about the duties of attorneys is available from our website. We issue a copy of this to the
granter when the PoA is registered. The granter should make arrangements to provide this copy to you.
Declaration by Attorney
I confirm by signing below that:
• I am over the age of 16 and willing, freely, to accept the appointment of attorney.
• I am not currently declared bankrupt (continuing attorneys only). For the purposes of the Adults
with Incapacity (Scotland) 2000 Act, a person is bankrupt if their estate has been sequestrated for
insolvency or a protected trust deed has been granted. Bankruptcy makes a continuing
appointment invalid but does not affect a welfare appointment.
The Office of the Public Guardian reserves the right at any time to ask for evidence that the appointed
attorney is prepared to act.
Signed: Date:
Section 2.2 - Attorney's details
If there are more than 2 attorneys, please print extra copies of this page and complete.
Title

Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address

Please tick the boxes that apply:
✔ Type of powers: Continuing Welfare Both
✔ Relationship to granter: Spouse Partner Civil Partner Other
Relative Friend Professional
Your Duties and Responsibilities as Attorney
Please ensure you have read and understood the points that follow. If you are unsure whether you
are, or are not, able to comply with any of the requirements below, report this to the person
who has sent you this form.
• You must respect the general principles of the Adults with Incapacity (Scotland) Act 2000
found in
section 1.
• You should consult and respect the Code of Practice for Continuing and Welfare Attorneys
• If called upon to act, you must ensure that every measure is taken to support the granter of this
power of attorney to make their own decision on any matter, or otherwise to allow them to exercise
their legal capacity.
• You must ensure that any decision made on behalf of the granter respects their rights, will and
preferences and takes account of any known wishes and feelings, past or present.
• You must communicate with relevant parties and take account of their views.
• You must act within the scope of the powers granted to you.
• You must keep appropriate records.
• You are in a position of trust and must not take advantage of that position.
A factsheet
about the duties of attorneys is available from our website. We issue a copy of this to the
granter when the PoA is registered. The granter should make arrangements to provide this copy to you.
Declaration by Attorney
I confirm by signing below that:
• I am over the age of 16 and willing, freely, to accept the appointment of attorney.
• I am not currently declared bankrupt (continuing attorneys only). For the purposes of the Adults
with Incapacity (Scotland) 2000 Act, a person is bankrupt if their estate has been sequestrated for
insolvency or a protected trust deed has been granted. Bankruptcy makes a continuing
appointment invalid but does not affect a welfare appointment.
The Office of the Public Guardian reserves the right at any time to ask for evidence that the appointed
attorney is prepared to act.
Signed: Date:
Section 3 - Sender's details
Have the sender’s details already been entered in a previous section?
Yes – enter the sender’s full name only in this section
No – enter the sender’s full name and address below
Title

Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address

Section 4.1 - Substitute attorney's details
Title

Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address

Please tick the boxes that apply:
✔ Type of powers: Continuing Welfare Both
✔ Relationship to granter: Spouse Partner Civil Partner Other
Relative Friend Professional
We provide a factsheet for attorneys on their duties. This is also available from our website.
Section 4.2 - Substitute attorney's details
If there are more than 2 substitute attorneys, please print extra copies of this page and complete.
Title

Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address

Please tick the boxes that apply:
✔ Type of powers: Continuing Welfare Both
✔ Relationship to granter: Spouse Partner Civil Partner Other
Relative Friend Professional
We provide a factsheet for attorneys on their duties. This is also available from our website.
Section 5.1 - Specified persons
Only complete this section if it is stated in the PoA that the person is to receive a copy of the PoA. If this
person is an attorney or sender, please complete their name
Title
Surname
Forename
Middle name
Company name
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address – please provide if the
registered copy is to be e-mailed to the
specified person
Section 5.2 - Specified persons
Only complete this section if it is stated in the PoA that the person is to receive a copy of the PoA. If this
person is an attorney or sender, please complete their name
Title
Surname
Forename
Middle name
Date of birth
House name
House number
Street
Locality
City
County
Country
Post code - required for UK
addresses
Phone number
E-mail address – please provide if the
registered copy is to be e-mailed to the
specified person
Please send the completed pages along with your PoA document and fee to our postal address
Office of the Public Guardian (Scotland),
Hadrian House,
Callendar Business Park,
Callendar Road,
Falkirk FK1
1XR
DX: 550360 Falkirk 3
We updat
e our news page and Twitter page weekly w
ith the dates of the PoAs we're working on. This
means you can check when your PoA is likely to be processed.
01324 678398
opg@scotcourts.gov.uk
Web: www.publicguardian-scotland.gov.uk
Twitter: Public Guardian@OPGScotland
Version:Feb 2020
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Completed 16 July 2020

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